DOJ: Jury Convicts Foreign Service Officer and Former Spouse for Obtaining U.S. Citizenship by Fraud

 

Via USDOJ/September 13, 2021
Jury Convicts Foreign Service Officer and Former Spouse for Obtaining U.S. Citizenship by Fraud
ALEXANDRIA, Va. – A federal jury convicted a California woman and Russian-born man on Friday on charges of conspiracy and obtaining U.S. citizenship by fraud.
According to court records and evidence presented at trial, Laura Gallagher, 32, a Foreign Service Officer with the U.S. Department of State, and Andrey Kalugin, 36, originally of Russia, conspired together to obtain lawful permanent residence and U.S. citizenship for Kalugin through his marriage to Gallagher. 
“The jury’s verdict holds these two defendants accountable for orchestrating a scheme to defraud the United States and obtain unlawful citizenship and passports,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Gallagher disregarded her responsibilities to the public as a federal government employee and licensed attorney when she engaged in this fraudulent scheme with Kalugin. Thanks to the dedication of the trial team and our partners at the State Department, these defendants have been brought to justice.”
Evidence presented at trial demonstrated that the defendants met in law school in 2013. Kalugin was in the United States on a student visa that was due to expire in July 2015. The defendants married in June 2015 and submitted applications for Kalugin to obtain his “green card.” The defendants moved from California to Virginia in March 2016, but split up soon thereafter. However, they continued with the immigration process.
“The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office to investigate allegations of crime related to naturalization fraud and to bring those who commit these crimes to justice,” said Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service. “When a Department employee in a position of trust is alleged to have committed a federal felony involving naturalization fraud by exploiting their status, we vigorously investigate claims of corruption.” 
Gallagher, who is also a California-licensed attorney, then prepared for Kalugin an application for 319(b) expeditious naturalization, which is a benefit available to spouses of citizens who are regularly stationed abroad for their employment. The defendants provided materially false responses in the application, including that Kalugin was still in a good-faith marriage and intended to reside with Gallagher abroad and return with her to the United States. Kalugin appeared for an interview on Feb. 5, 2018 with U.S. Citizenship and Immigration Services (USCIS) in Fairfax, where he repeated the false statements to the adjudicating officer. After USCIS approved the application and he received his citizenship, Kalugin fraudulently obtained U.S. Diplomatic and tourist passports. Shortly thereafter, Gallagher filed for divorce.
Gallagher and Kalugin each face a maximum penalty of 10 years in prison when sentenced on Feb. 4, 2022. Actual sentences for federal crimes are typically less than the maximum penalties. Kalugin additionally faces mandatory revocation of his U.S. citizenship. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service, made the announcement after Senior U.S. District Judge T. S. Ellis, III accepted the verdict.
Assistant U.S. Attorneys Raizza K. Ty and Morris R. Parker, Jr. are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-43.

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Court Orders @StateDept to “Undertake Good-Faith Efforts” on Diversity Visa Processing by 9/30/21

 

Via travel.state.gov
On September 9, 2021, the U.S. District Court for the District of Columbia preliminarily enjoined the Department of State from applying the November 2020 prioritization policy guidance to diversity visa (“DV”) 2021 applicants and ordered the Department to undertake good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.  The court stated that the Department may not rely on the November 2020 prioritization guidance to “foreclose or prohibit embassy personnel, consular officers, or any administrative processing center (such as the KCC) from processing, reviewing, or adjudicating a 2021 diversity visa or derivative beneficiary application” and clarified that the order “does not affect the prioritization scheme as to any other visa category or in any other respect.”  The court further explained the order “does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic, or country conditions.”
In accordance with the order, the Department of State has instructed consular sections to make every effort within their discretion and subject to posts’ resource constraints, limitations due to the COVID-19 pandemic, and country conditions to prioritize the scheduling and adjudication of additional DV-2021 cases by September 30, 2021.  It is important to note that the court did not order the Department to “prioritize DV-2021 applications over other visa applications.”  The court also did not order the Department to prioritize the adjudication of DV-2021 applications of plaintiffs who have sued the Department over the DV-2021 applications of non-plaintiffs.  The court further said that posts do not have to “drop everything and process DV-2021 applications.”
In accordance with the requirements in the Immigration and Nationality Act and applicable regulations, DV cases will continue to be processed in rank order as required by law, and applicants must be documentarily qualified, have paid all requisite application fees, be able to obtain the required medical exam by a panel physician, and demonstrate that they are eligible for a visa before visa issuance.  DV-2021 applicants may be issued a visa through the end of the fiscal year, on or before September 30, 2021.
If a consular section has the capacity to schedule your DV-2021 case, you will receive a notification by email to check the Entrant Status Check site.  Many diversity visa processing posts are getting emails directly from diversity visa applicants.  The Department has instructed posts to respond to those general inquiries about the September 9th Order and DV-2021 processing with the following message:  We are aware of the court order dated September 9, 2021 from the U.S. District Court for the District of Columbia regarding the 2021 diversity visa (“DV”) program.  In accordance with that order, post is making good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.  We will continue to process DV cases in rank order as required by law, subject to our resource constraints, limitations due to the COVID-19 pandemic, and country conditions.  If post has the capacity to schedule your case, you will receive a notification by email to check the Entrant Status Check site.”
See GOH et al v. U.S. DEPARTMENT OF STATE et al

 

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US Amb to Rwanda Peter Vrooman to be Ambassador to Mozambique

 

President Biden recently announced his intent to nominate Peter Hendrick Vrooman to be the next Ambassador to Mozambique. The WH released the following brief bio:

Peter Hendrick Vrooman, Nominee for Ambassador Extraordinary and Plenipotentiary to the Republic of Mozambique

Peter Hendrick Vrooman, a career member of the Senior Foreign Service, class of Minister-Counselor, is the U.S. Ambassador to the Republic of Rwanda.  Ambassador Vrooman recently served as the Chargé d’Affaires and Deputy Chief of Mission of the U.S. Embassy in Addis Ababa, Ethiopia.  Prior to that he served as the spokesperson for the U.S. Embassy in New Delhi; Director for Iraq on the staff of the National Security Council in Washington, D.C.; and Deputy Political Counselor in Tel Aviv and at the U.S. Mission to the United Nations.  He also worked at the U.S. embassies in Baghdad, Beirut, and Djibouti, as well as the U.S. Liaison Office in Mogadishu, Somalia.  In Washington, he was a Watch Officer in the Department of State’s Operations Center and the Desk Officer for Algeria in the Bureau of Near Eastern Affairs.  A native of New York, Ambassador Vrooman graduated from Harvard College with a B.A. in Social Studies and earned an M.S. in National Resource Strategy from the National Defense University’s Industrial College of the Armed Forces, now known as the Eisenhower School for National Security and Resource Strategy.  Prior to joining the Foreign Service, he worked as the special assistant to the President of the American University in Cairo.

If confirmed, Ambassador Vrooman would succeed Ambassador Dennis Walter Hearne, a career diplomat who was served in Maputo since January 2019.

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UHI in the News: ‘Havana Syndrome’ and the Mystery of the Microwaves

 

More clips about the unexplained health incidents (also known as Havana Syndrome) from BBC, an interview with retired CIA officer with PRI, and another case reported from the Canadian Foreign Service where “A high-ranking Canadian diplomat in Cuba was flown home for assessment this year after experiencing an attack consistent with Havana syndrome.”
Via BBC:

“This is not Havana syndrome. It’s a misnomer,” argues Mr Zaid, whose clients were affected in many locations. “What’s been going on has been known by the United States government probably, based on evidence that I have seen, since the late 1960s.”

Since 2013, Mr Zaid has represented one employee of the US National Security Agency who believed they were damaged in 1996 in a location which remains classified.

Mr Zaid questions why the US government has been so unwilling to acknowledge a longer history. One possibility, he says, is because it might open a Pandora’s Box of incidents that have been ignored over the years. Another is because the US, too, has developed and perhaps even deployed microwaves itself and wants to keep it secret.

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